Asia

Blogger Denied Compensation for 12 Months He Spent in a Forced Labor Camp

By Irving Feng
Impunity Watch Reporter, Asia

CHONGQING, China – Fang Hong, a 46 year old blogger, has been denied compensation for psychological damages after serving twelve months in a forced labor, re-education camp in 2011.

Bo Xilai, former Communist Party leader. (Photo Courtesy of Reuters)

Fang was sentenced to twelve months in the labor camp after posting a poem online which criticized and mocked former politician and Communist Party leader, Bo Xilai, and his former police chief, Wang Lijun.  The poem highlighted the injustices that plagued Bo’s crackdown against crime in the southwestern Chinese city of Chongqing.

Bo garnered much praise with the ambitious social projects that he implemented in Chongqing, however, as Fang’s poem showed, not all of his policies were universally accepted.  Bo’s anti-crime campaign drew criticism after public accusations of abuses of power and serious miscarriages of justice.

Fang was a victim of one of these miscarriages of justice when he was detained by police and sent away to a forced labor camp.  Though the police did not have enough evidence to convict, China’s re-education through labor system awards the police wide discretion to hand down sentences of up to four years without trial.

This system of police handing down sentences without trial was established in China in the 1950s to punish minor criminals; however, it has been utilized to suppress political dissidents.  Fang Hong’s sentence was overturned after he served his twelve months in the labor camp and sought compensation for the wrongful conviction and time he spent at the forced labor camp.

Fang sought to recover 360,000 Yuan (roughly $59,000) and a public apology for the time he served.  Reports say that the Chongqing Dianjiang court rejected Fang’s demand and only awarded him $9,200 for the twelve months he spent in the labor camp.  The public apology was also denied.

After the ruling, Fang commented that the court’s decision was “definitely unfair,” and that the court did not fully recognize the psychological harm the twelve months caused him.  Fang also said that he would be asking his lawyer, Mei Chunlai, to appeal the decision.

The Chongqing Dianjiang court that ruled on Fang’s case could not be reached for comment.  Pundits believe that the Fang’s request for compensation, which is based on China’s national compensation laws, was denied to prevent a flood of new claims linked to Bo’s anti-crime campaign abuses.  Many also believe that Bo’s anti-crime activities were used to silence dissidents.

Estimates project that nearly 700 people were convicted during Bo’s reign in Chongqing and around 70 of those convicted were ultimately executed.  Bo’s political career unraveled last year when a scandal emerged involving his wife and the murder of a British businessman.  He now faces his own legal troubles and is likely to be convicted in a trial of his own.

Fang Hong’s case for compensation against the Bo era abuses in Chongqing is the first of its kind.  It will be seen as the initial test as to how the courts will handle the alleged miscarriages of justice that were rampant during Bo’s reign.

For further information, please see:

The Standard – No payout for blogger busted over Bo joke – 1 February 2013

Bangkok Post – China blogger sentenced for Bo joke denied payout – 31 January 2013

Reuters – China court rejects damages plea from man jailed for Bo joke – 31 January 2013

Sino Daily – China blogger sentenced for Bo joke denied payout – 31 January 2013

Men Accused of Rape and Murder Plead Not Guilty

 By Karen Diep
Impunity Watch Reporter, Asia

NEW DELHI, India – Today, five men pleaded not guilty to the rape and murder of a trainee physiotherapist in Delhi last December.

Angry protesters demand harsher sex crime laws. (Photo Courtesy of Aljazeera)

With a sixth suspect tried in juvenile court, the of age men, Vinay Sharma, Akshay Thakur, Pawan Kumar, Ram, and Mukesh Singh, signed statements proclaiming their innocence after being formally charged in a fast-track court.

The accused men allegedly attacked the 23-year-old woman after boarding a bus with a male friend. According to AlJazeera, the men beat both of them, raped the woman, and tried to run her over with the vehicle after the attack.

As a result of the attack, the woman suffered excessive internal injuries and died two weeks later in a Singapore hospital. Prior to being transported to Singapore, the woman underwent three intensive surgeries and cardiac arrest.

The defense’s lawyers, in response to these allegations, claimed that the New Delhi police tortured the men into erroneous confessions.

Nonetheless, the violent attack sparked a national debate over India’s sex crime laws and the treatment of women in India.

Because there is substantial evidence, including DNA and phone records, prosecutors anticipate seeking the death penalty for the accused men.  Moreover, they expect calling three witnesses at the beginning of trial.

On Wednesday, hundreds of protesters marched in New Delhi demanding more rights and security for women.  According to AlJazeera, the “Women Dignity March” concluded at Rajghat, the tallest memorial of Mahatma Gandhi.  On the same day, Junior Education Minister Shashi Tharoor advocated that the proposed new anti-rape law be named after the dead student.

Moreover, on Friday, India’s cabinet approved a majority of the commission’s recommendations on sex crime laws.  Appointed to review India’s sex crime laws, the commission is led by ex-chief justice JS Vermam, who issued a report on January 23, 2013.

The court will begin administering evidential hearings this upcoming Tuesday.

For more information, please see:

Aljazeera – India rapists ‘tried to run over victim’ – 02 February 2013

BBC News – Delhi rape case: Five accused plead not guilty – 02 February 2013

The Guardian – India gang rape accused plead not guilty in fast-track court – 02 February 2013

The Voice – 5 Men Plead Not Guilty in India Rape Case – 02 February 2013

China Hands Down Harsh Sentences to Those Linked to Tibetan Self-Immolations

By Irving Feng
Impunity Watch Reporter, Asia

CHENGDU, China – A Chinese court in Sichuan province handed down severe sentences to two men who have been linked to 3 cases of self-immolation by Tibetans calling for the return of the Dalai Lama, their exiled spiritual leader.

A Tibetan monk holds up a picture of the Dalai Lama in protest of their lack of religious freedom. (Photo Courtesy of Northern Kentucky News)

Lorang Konchok, age 40, and his nephew Lorang Tsering, age 31, were found guilty of intentional homicide by an Aba prefecture court located in Sichuan province.  Konchok was given the death penalty with a two-year reprieve on his sentence.  In practice, this sentence is usually reduced to life imprisonment.

Konchok has also been stripped of all political rights for life.  Lorang Tsering has been sentenced to 10 years in prison and will be stripped of all political rights for 3 years.  Both men were charged because authorities say the two attempted to coerce at least 8 individuals into self-immolating.

Out of the 8 individuals the pair allegedly attempted to coerce into committing the self-sacrificing act, only 3 went through with the act.  Tibetan activists are protesting the sentences and believe that Chinese officials forced confessions out of the two men during detainment.

Local Chinese news sources reported that Lorang Konchok was detained by authorities last August and confessed that his actions were a result of him following orders from the Dalai Lama and his followers.

There was also evidence of Konchok and Tsering passing along information regarding the self-immolations, including pictures, to contacts abroad that were a part of the Tibetan independence organization.

Lorang Konchok is based out of the Kirti monastery in Aba prefecture, Sichuan Province that borders the Tibet Autonomous Region.  This area of Sichuan province has been a hot bed for unrest and has played host to dozens of self-immolations.

After several failed security measures attempting to deter protest, the Chinese government promised to start prosecuting individuals linked to the Tibetan self-immolations.  The Lorang pair is part of the first wave to face the wrath of the Chinese government in this crackdown on Tibetan protest.

Another six Tibetans were sentenced by a court in Gansu province to prison terms ranging from 3 to 12 years for their roles in self-immolations at a shopping center in Xiahe.  The convicted six were reportedly based out of the Labrang Monastery, a key center for Tibetan Buddhism.

Tibetans have expressed outrage and sorrow for all the deaths, but they also reject the course of action the Chinese government has taken in response to the protests.  Tibetans express that they understand the self-immolations because they share the sense of frustration due to a lack of religious freedom and yearn for the return of the Dalai Lama to his rightful place in Tibet.

 

For further information, please see:

BBC – Tibetans guilty of murder for ‘inciting immolations’ – 31 January 2013

The Guardian – Chinese court convicts two Tibetans for ‘encouraging self-immolation’ – 31 January 2013

Northern Kentucky News – China jails 8 Tibetans in self-immolation cases – 31 January 2013

Reuters – China sentences two Tibetans for “inciting” self-immolations – 31 January 2013

Factory Fire in Bangladesh Kills 7 and Brings Into Question the Country’s Commitment to Labor Rights

By Irving Feng
Impunity Watch Reporter, Asia

DHAKA, Bangladesh – Questions of worker safety and possible foul play are raised after seven workers die in blaze at a small factory in Bangladesh.

Survivor, Laiju, stands inside the damaged factory after the fire claimed the lives of her fellow employees. (Photo courtesy of The Times of Northwestern India)

On Saturday, a fire ravaged a small factory owned by Smart Exports Garment Ltd in the Dhaka metropolitan area.  Roughly 50 people were injured in the stampede, 6 had to be rushed to the hospital and at least 7 women workers were found trampled to death amidst the chaos.

Executive Director of the Bangladesh Center for Workers Solidarity, Kalpona Akter, reported that Smart Exports Garment Ltd had been subcontracted to fill orders by other garment factories.  This particular company was not a member of the Bangladesh garments Manufacturers and Exporters Association.  Lacking membership, the company was unlicensed by fire prevention and labor governing bodies.

Factory worker, Raushan Ara, reported to a local newspaper that the emergency exit was locked when workers tried to flee the blaze.  Spectators reported that some of the trapped workers attempted to jump out of second story windows.

Jahangir Kabir Nanak, a government official, has been assigned to investigate the possibility of foul play due to the allegations that the emergency exit was locked, trapping many of the workers inside the factor during the fire.

Altaf Hossain, father of one of the casualties sustained in the fire, is seeking legal action, bringing cases of negligence against three of the directors of the factory.  The police have begun their own independent investigation into the alleged crimes.

Abdul Halim, a fire official, has reported that the actual cause of the fire continues to remain a mystery as the fire department continues their investigation.  Preliminary findings suggest that the fire was caused by electrical short circuit in the upper floor of the two-story building.

International labor rights groups, including The Worker Rights Consortium, Clean Clothes Campaign, the Institute for Global Labor and Human Rights, and the International Labor Rights Forum, have called for better accountability in the apparel industry to improve garment workers’ rights in this part of the world.

The large brand companies that contract these factories to make their clothing continue to keep their internal audit and investigation results secret, marginalize trade unions, and simply walk away from these types of tragedies when convenient.

Bangladesh currently operates roughly 4,500 garment factories and is one of the world’s largest exporters of clothing.  The garment manufacturing industry currently makes up about 80% of Bangladesh’s $24 billion in annual exports.

It is unclear whether or not the clothing made in this particular factory was destined for western markets as initial reports have been conflicting.  This tragedy comes merely two months after one of Bangladesh’s worst factory fires which occurred in the Tazreen Fashions Ltd factory, killing 112 workers and injuring 150 others.

For further information, please see:

The Global Times – Foreign labels found in latest Bangladesh factory fire – 27 January 2013

The Times of Northwestern India – Bangladesh probing if factory’s 1 exit was locked – 27 January 2013

Reuters – Labor rights groups seek action after Bangladesh factory blaze – 27 January 2013

Belfast Telegraph – Bangladesh factory fire kills seven – 26 January 2013

Apple Terminates Contract with Supplier Using Underage Workers

By Karen Diep
Impunity Watch Reporter, Asia

BEIJING, China – Yesterday, Apple terminated its contract with Chinese circuit manufacturer, Guangdong Real Faith Pingzhou Electronics Co. Ltd., after learning that seventy-four (74) workers were underage.

Apple logo on a rainbow backdrop. (Photo Courtesy of Huffington Post)

“Given the high turnover rate in the factories and the production pressure in the peak season, the factories may not strictly comply with labor laws and the code of conduct,” shared Debby Chan, a spokeswoman for Hong Kong-based Students and Scholars Against Corporate Misbehavior.

After being criticized for working conditions of suppliers including Foxconn, Apple joined the Fair Labor Association last year.

Apple has conducted three hundred and ninety three (393) audits, a 72% increase from 2011, of its suppliers as part of its investigation of staff working conditions.

Per The Telegraph, Apple has audited both small and subsidiary suppliers and larger ones such as Korea’s Samsung Electronics Co, for working conditions. From the foregoing audits, Apple learned that 95% of the sites conformed with underage labor requirements.

According to BBC News, Apple relayed that a regional recruitment company, Shenzhen Quanshun Human Resources Co., Ltd., provided the underage workers to PZ and even supplied said workers with false identity papers.  As a result, Shenzhen Quanshun Human Resources Co., Ltd.’s business license has been revoked.

Guangdong Real Faith Pingzhou Electronics Co Ltd, or PZ, makes “a standard circuit board component used by many other companies in other industries,” read a report. Moreover, the report stated that 92% of the 1.5 million workers covered by the audit worked a maximum of 60 hours per week.

“We go deep in the supply chain to find it,” explained Jeff Williams, Apple’s Senior Vice-President of Operations.  “And when we do find it, we ensure that the under-age workers are taken care of, the suppliers are dealt with,” continued Mr. Williams.

In October 2012, Foxconn, a China-based iPhone and iPad manufacturer, Foxconn confessed to hiring 14-year-old interns in one of its factories.

“We recognise that full responsibility for these violations rests with our company and we have apologised to each of the students for our role in this action,” read a statement Foxconn issued.

For more information, please see:

BBC News – Under-age workers found in Apple supply audit – January 25, 2013

Bloomberg – Apple Says China Agent Forged Papers for Underage Workers – January 25, 2013

The Telegraph – Apple audit finds underage workers in China – January 25, 2013